Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Blakeley v National Australia Bank [2017] FCA 835 File number: WAD 75 of 2017
Judge: BARKER J
Date of judgment: 25 July 2017
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and R 26.01 of the Federal Court Rules 2011 (Cth) – whether applicants have reasonable prospect of successfully prosecuting proceeding – where applicants and respondent executed forbearance deed – whether respondent released from applicants' claims under terms of deed BANKRUPTCY – whether first applicant has standing – where first applicant declared bankrupt and discharged from bankruptcy – where claims against respondent vested in Official Trustee upon bankruptcy pursuant to s 58(1) of the Bankruptcy Act 1966 (Cth)
Legislation: Australian Consumer Law Australian Securities and Investments Commission Act 2001 (Cth) Bankruptcy Act 1966 (Cth) s 58(1), s 116(2)(g)(i) Corporations Act 2001 (Cth) ss 127, 127(4), 129, 198E(1), 601AD(1A), 601AD(2) Federal Court of Australia Act 1976 (Cth) s 31A(2) Property Law Act 1974 (Qld) Federal Court Rules 2011 (Cth) R 26.01
Cases cited: Commonwealth Development Bank of Australia Limited v Kok [2003] FCA 90 Faulkner v Bluett (1981) 52 FLR 115; [1981] FCA 3 Johnson v Buttress (1936) 56 CLR 113; [1936] HCA 41 Luck v Chief Executive Officer of Centrelink [2017] FCAFC 92 Rogers v Asset Loan Co Pty Ltd [2006] FCA 1708 Samootan v Shea [2010] NSWCA 371
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